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Annamalai Vs State Rep by its, Inspector of Police — Madras HC (2026) — LawSathi Research

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Madras HC
2026
Annamalai Vs State Rep by its, Inspector of PoliceAnnamalai v. State Rep by its, Inspector of Police

Dismissed¶¶21

Annamalai v. State Rep by its, Inspector of Police

Madras HC5 Jun 2026CRL MP/9132/2026

Case brief

AI extract

What is this about?

Keywords: exemption from surrender; Section 528 BNSS, 2023; mandatory surrender before consideration of criminal revision; statutory mandate cannot be bypassed; conviction confirmed on appeal; C.C.No.43 of 2022 dated 26.06.2025 Judicial Magistrate Kangeyam; C.A.No.117 of 2025 judgment dated 10.04.2026 III Additional District and Sessions Judge Dharapuram; Crl.R.C.No.1152 of 2026; order in Crl.M.P.No.9131 of 2026 in Crl.R.C.No.1152 of 2026; Crime No.102/2021 Inspector of Police Kangeyam Police Station Thiruppur; petitioner Annamalai; counsel M. Jayavaradhan; M.M.M. Khaleel Govt. Advocate (Crl. Side); High Court of Judicature at Madras; Justice Shamim Ahmed; petition dismissed 05-06-2026.

What did the court decide?

Upon hearing both sides and perusing the materials, the Court found no compelling or extraordinary grounds to waive the mandatory requirement of surrender prior to consideration of the Criminal Revision Petition.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, whose conviction and sentence in C.C. No. 43 of 2022 stand confirmed on appeal in C.A. No. 117 of 2025, may be exempted from the mandatory requirement of surrender prior to consideration of the Criminal Revision Petition (Crl.R.C.No.1152 of 2026).

Court's answer

Upon hearing both sides and perusing the materials, the Court found no compelling or extraordinary grounds to waive the mandatory requirement of surrender prior to consideration of the Criminal Revision Petition.

Ratio / Principle

In light of the settled legal position and the Court's order in Crl.M.P.No.9131 of 2026 in Crl.R.C.No.1152 of 2026, the statutory mandate requiring surrender cannot be bypassed.

Detailed headnote1 paragraphs

Criminal Miscellaneous Petition under Section 528 of BNSS, 2023 (High Court of Judicature at Madras, Shamim Ahmed, J., 05-06-2026) seeking exemption from surrender pending disposal of Crl.R.C.No.1152 of 2026. The petitioner, Annamalai, had been convicted and sentenced in C.C.No.43 of 2022 dated 26.06.2025 by the Judicial Magistrate, Kangeyam (Crime No.102/2021, Kangeyam Police Station, Thiruppur), and his sentence was confirmed by the judgment dated 10.04.2026 of the III Additional District and Sessions Judge, Dharapuram, in C.A.No.117 of 2025. Held: upon hearing both sides and perusing the materials, there were no compelling or extraordinary grounds to waive the mandatory requirement of surrender prior to consideration of the Criminal Revision Petition; in light of the settled legal position and the Court's order in Crl.M.P.No.9131 of 2026 in Crl.R.C.No.1152 of 2026, the statutory mandate cannot be bypassed. The petition seeking exemption from surrender was accordingly dismissed.

A

CRL MP No. 9132 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE SHAMIM AHMED

CRL MP No. 9132 of 2026 IN CRL RC NO. 1152 OF 2026

Annamalai S/o.Rathinavelu, No.71/1, Vallaiyan Kohn Veedhi, Kalanivasal Kaaraikudi, Thirupattur, Sivagangai District.

..Petitioner(s)

Vs

State Rep by its, Inspector of Police, Kangeyam Police Station, Kangeyam, Thiruppur. Crime No.102/2021

..Respondent(s)

Prayer: This Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, praying to exempt the Petitioner to surrender on the conviction and sentence passed by the III Additional District and Sessions Judge, Dharapuram in C.A.No.117 of 2025 judgement dated 10.04.2026 by confirming the sentence and imprisonment passed in C.C.No.43 of 2022 dated 26.06.2025 by the Judicial Magistrate, Kangeyam pending disposal of the Criminal Revision and thus render justice.

For Petitioner(s): MR.M.Jayavaradhan For Respondent(s): Mr. M.M.M. Khaleel, Govt. Advocate (Crl. Side)

Page1 of 4

https://www.mhc.tn.gov.in/judis

CRL MP No. 9132 of 2026

ORDER

This petition is filed seeking exemption from surrender following the conviction and sentence imposed in C.C. No. 43 of 2022 by the Learned JJudicial Magistrate, Kangeyam, which was subsequently confirmed by the III Additional District and Sessions Judge, Dharapuram, in C.A. No. 117 of 2025.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent.

3.Upon hearing both sides and perusing the case materials, this Court finds no compelling or extraordinary grounds to waive the mandatory requirement of surrender prior to the consideration of the Criminal Revision Petition. In the light of the settled legal position and the order passed by this Court in Crl.M.P.No.9131 of 2026 in Crl.R.C.No.1152 of 2026, the statutory mandate cannot be bypassed.

4.Accordingly, this petition seeking exemption from surrender is dismissed.

05-06-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

SHA

__________ Page2 of 4

https://www.mhc.tn.gov.in/judis

CRL MP No. 9132 of 2026

To

1.The Inspector of Police, Kangeyam Police Station, Kangeyam, Thiruppur.

2.The Public Prosecutor, Madras High Court.

__________ Page3 of 4

https://www.mhc.tn.gov.in/judis

CRL MP No. 9132 of 2026

SHAMIM AHMED, J.

SHA

CRL MP No. 9132 of 2026 IN CRL RC NO. 1152 OF 2026

05-06-2026

__________ Page4 of 4

https://www.mhc.tn.gov.in/judis

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, whose conviction and sentence in C.C. No. 43 of 2022 stand confirmed on appeal in C.A. No. 117 of 2025, may be exempted from the mandatory requirement of surrender prior to consideration of the Criminal Revision Petition (Crl.R.C.No.1152 of 2026).¶¶18
The court held
Upon hearing both sides and perusing the materials, the Court found no compelling or extraordinary grounds to waive the mandatory requirement of surrender prior to consideration of the Criminal Revision Petition.ratio¶¶20

Cases cited

Colour shows how this judgement treated each authority

AI extract

Crl.M.P.No.9131 of 2026 in Crl.R.C.No.1152 of 2026Relied on¶¶20

Statutes considered

1 provisions across 1 enactments

AI extract

BNSS, 2023528¶¶12

Procedural history

How this case reached the court

AI extract

Order under challenge
Conviction and sentence of the petitioner, confirmed by appellate judgment dated 10.04.2026 in C.A.No.117 of 2025 (confirming the sentence passed in C.C.No.43 of 2022); surrender on this confirmed conviction is what the petitioner sought to be exempted from.¶¶12
III Additional District and Sessions Judge, Dharapuram · 10.04.2026
Prior proceeding
Trial-stage conviction and sentence imposed in C.C.No.43 of 2022 dated 26.06.2025 by the Judicial Magistrate, Kangeyam.¶¶12
Prior proceeding
Sentence confirmed in appeal by the III Additional District and Sessions Judge, Dharapuram, in C.A. No. 117 of 2025 (judgment dated 10.04.2026).¶¶18
Prior proceeding
Criminal Revision Petition Crl.R.C.No.1152 of 2026 pending before this Court; the present miscellaneous petition sought exemption from surrender pending its disposal.¶¶12

Parties & counsel

AI extract

petitioner
Annamalai s/o Rathinavelu¶¶7
M. Jayavaradhan
respondent
State rep. by Inspector of Police, Kangeyam Police Station, Kangeyam, Thiruppur (Crime No.102/2021)¶¶10
M.M.M. Khaleel

Coram

AI extract

Shamim Ahmedauthor¶¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 5 Jun 2026 · June
Registered: 3 Jun 2026
Case no.: CRL MP/9132/2026
CNR: HCMA011037582026
Bench: Shamim Ahmed
Disposal: REJECTED
Case type: CRL MP

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Cite this judgement

Annamalai v. State Rep by its, Inspector of Police, CRL MP/9132/2026 (MAD), decided on 5 June 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Crl.M.P.No.9131 of 2026 in Crl.R.C.No.1152 of 2026Relied on¶¶20

Open Authorities

Statutes1

BNSS, 2023528

View all statutes

Procedural history4

Conviction and sentence of the petitioner, confirmed by appellate judgment dated 10.04.2026 in C.A.No.117 of 2025 (confirming the sentence passed in C.C.No.43 of 2022); surrender on this confirmed conviction is what the petitioner sought to be exempted from.III Additional District and Sessions Judge, Dharapuram · 10.04.2026
Trial-stage conviction and sentence imposed in C.C.No.43 of 2022 dated 26.06.2025 by the Judicial Magistrate, Kangeyam.
Sentence confirmed in appeal by the III Additional District and Sessions Judge, Dharapuram, in C.A. No. 117 of 2025 (judgment dated 10.04.2026).

View full history

Bench / Coram

Shamim Ahmed

Parties & counsel